CASE LAW UPDATE: Whether the co-conspirator’s out of court statements were subject to the right of confrontation?
This case presented the question of whether a testimonial statement of a non-testifying co-conspirator is subject to the right of confrontation? Defendant’s co-conspirator made testimonial statements during police questioning. The Minnesota Supreme Court held that: (1) an out of court testimonial statement made by a co-conspirator who does not testify at trial is subject to a Confrontation Clause analysis.
State v. Sutter, A19-1045, Minnesota Supreme Court.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.